Terms and Conditions

TERMS AND CONDITIONS

Last review: October 2015

S.C. PITECHAPPS S.R.L. is the company that manages the www.parkingplus.ro domain and its subdomains (hereinafter the SITE). S.C. PITECHAPPS S.R.L. is a company organized under the Romanian law, headquartered in Cluj-Napoca, 35, Colonie Făget Street, Cluj County, with tax identification no. RO29471650, registered with the Cluj Trade Register Office under no. J12/3119/2011. PARKING+PLUS is the system including all the services offered by S.C. PITECHAPPS S.R.L., which will be named hereunder.

GENERALITIES

Terms and Conditions apply exclusively to users, i.e. those individuals who use our services without this can be attributed to their commercial or professional activity.

The www.parkingplus.ro website and all its subdomains, mobile applications and the reservation and parking payment system are operated by PARKING+PLUS.

The use of any PARKING+PLUS service or product is voluntary and by using them you agree with the Terms and Conditions of this document.

PARKING+PLUS provides the user, in accordance with the terms and conditions of this Agreement, the following types of services:

real-time notifications about available parking spaces

booking and payment services through mobile applications and the website using the card banking services

suggestions for parking spaces in the vicinity of the member’s location

REAL_TIME NOTIFICATIONS ABOUT AVAILABLE PARKING SPACES, PREVIOUSLY REGISTERED IN THE PLATFORM

PARKING+PLUS provides users the opportunity to view parking spaces previously recorded and mapped in the platform. This data is only for information purposes, and the occasional lack of precision cannot be attributed to any platform administrators, changing field data accuracy cannot be attributed to any platform administrators, changing field data being updated only periodically in the system.

RESERVATION AND PAY FOR A PARKING PLACE

By accepting these Terms and Conditions, you agree to appoint us Agents on your behalf to pay parking using the mobile phone / mobile application and via the web SITE. The amount of such payment may be higher than the direct payments because of fees imposed by payment processors, operating costs of the platform and differences in exchange rates.

OFFERING PARKING SPACES SUGGESTIONS

PARKING+PLUS applies algorithms for calculating the distance between the current position of the mobile phone and parking locations registered in the system. Accuracy of data provided depends on the performance of the mobile phone used and update of the maps when executing a request from the member. As regards the number of parking spaces available, the information is provided by the parking owner or operator.

COMMUNICATION WITH THE ELECTRONIC DEVICE FOR ACCESS CONTROL

PARKING+PLUS enables the possibility of control of enclosures with access controlled by automation and electromagnetic locks, using the Smart Access Box mobile app and the hardware device designed and used for this purpose. Users must register with the platform and log in to the mobile app to automatically download it to the mobile smart phone, their virtual keys. Only after this operation, members will be able to use Smart Access Box mobile app without internet access to communicate with the electronic access control and only if they have previously received access rights from a device administrator.

ACCESS RIGHTS MANAGEMENT

Access rights for each device are managed by an administrator. The administrator is a member of the platform and has full responsibility over access rights they provide.

A device admin can provide rights to member or non-member users by specifying their e-mail. Non-member users can capitalize acquired access rights only after registration on the platform, application installation and authentication.

The administrator can unilaterally withdraw the access rights of a user.

PLACING AN ORDER FOR THE ʺSMART ACCESS BOXʺ ELECTRONIC DEVICE

PARKING+PLUS allows registered users to place orders for the ʺSmart Access Boxʺ devices. Placement of an order has no committal value for PARKING+PLUS and will be honored whenever possible.

AMENDMENTS TO THIS DOCUMENT

PARKING+PLUS may amend this document to transpose the requirements of current laws or PARKING+PLUS may amend this document to transpose the requirements of current legislation or domestic regulations without previous notification to the user.

APPLICATION FOR PARKING+PLUS MEMBERSHIP

An applicant can register to become a PARKING+PLUS member through an automated registration process that is available on www.parkingplus.ro or through PARKING+PLUS and Smart Access Box official mobile applications available on iOS and Android platforms. As part of the registration process, PARKING+PLUS can validate personal information provided by the applicant. By submitting information to PARKING+PLUS, the applicant confirms that they are true and correct.

Whether the criteria for obtaining membership are complied with, PARKING+PLUS will send to the e-mail address specified in the form a message for the account confirmation.
Only after validating the e-mail, a member is activated in the system.

A significant part of the PARKING+PLUS membership is the acceptance and approval by the applicant of all the amendments in the Terms and Conditions that will arise from ensuring equipment and services, contractual terms regarding hourly rates, collection means and fees relating to the amounts subject to the implemented system and others. If the user does not approve these amendments, they are entitled to terminate the PARKING+PLUS membership.

Unless the membership is suspended or canceled by PARKING+PLUS unilateral decision, the membership of the platform is valid on an indefinite period of time.

PERSONAL DATA SECURITY

Last review: October 2015

PERSONAL INFORMATION

Do you agree that the provision of services or products will start as soon as all the formalities required for registration are fulfilled. By accessing the account and using the personal password you are responsible for all actions arising from their use. PARKING+PLUS is not responsible for errors resulting from user negligence on the account and related password security and privacy.

PERSONAL DATA SECURITY

By enrolling in the system, the user consents pursuant to Law no. 677/2001 on the use of personal data by PARKING+PLUS.

PARKING+PLUS will implement and maintain the most appropriate procedures to protect personal data in accordance with applicable laws and the company’s Privacy Policy.

By providing the telephone number and the e-mail, the member consents and agrees expressly that PARKING+PLUS can place calls and text messages to that phone number, e-mail messages received at that e-mail, including through an automated telephone call system and some calls using artificial voices and/or messages and automatic dial calls and calls using artificial and prerecorded voices and/or messages, for any purpose in any way connected with PARKING+PLUS membership, including but not limited to, application, registration, booking and payment processes.

Moreover, PARKING+PLUS may contact the member in relation to details of the parking spaces for which access was requested or booked, or for customer satisfaction surveys and/or marketing communications. The member’s consent is valid in respect of the member and everyone else who could also use the phone number used by the member. The member also agrees to promptly inform PARKING+PLUS in the event of changing the phone number so that PARKING+PLUS never tries to call a phone number that is no longer used or no longer belongs to the member. The member understands that the granting of such consent is a prerequisite for using the site or mobile app, and if the member decides not to receive such emails, text messages or calls from PARKING+PLUS anymore, there is a chance that they are prohibited to make use of the software and hardware ecosystem. The member agrees that this clause may be revoked in writing by sending a letter signed at PARKING+PLUS registered office or by e-mail at
contact@parkingplus.ro.

This site uses security measures against the loss, misuse or alteration of information that is in our control.

COPYRIGHT

Last review: October 2015

The entire content of the www.parkingplus.ro website - images, text, graphics, symbols, web graphics, scripts, programs and other data - is owned by PARKING+PLUS and its suppliers and is protected by the laws on copyright and intellectual and industrial property protection. Without PARKING+PLUS consent, the use of any items listed above is punishable under existing laws.

APPLICABLE LAW AND JURISDICTION

The use of PARKING+PLUS and any dispute arising from the current Terms and Conditions are subject to the Romanian law. Terms and Conditions shall prevail over any other rules or conventions regarding the use of PARKING+PLUS, except mandatory legal provisions.

All disputes arising out of or relating to these Terms and Conditions or provision of PARKING+PLUS products and services will be litigated exclusively in the courts of Romania from the S.C. PITECHAPPS S.R.L. registered office, this being an arbitration clause within the meaning of the Romanian Civil Code.

LIMITATION OF LIABILITY AND PROHIBITION OF THIRD PARTY BENEFICIARIES

These Terms and Conditions are for the benefit of the member and PARKING+PLUS. No third party can claim any rights as a third party beneficiary or in any other capacity.

Under no circumstances PARKING+PLUS shall not be kept liable to any member or any third party for any direct or indirect damages (including lost profits) arising from or relating to these Terms and Conditions.

Furthermore, PARKING+PLUS does not guarantee that web applications, mobile applications and hardware devices are or will be accurate, reliable, timely, secure, error-free, uninterrupted, that defects will be corrected or that will rise to the needs, requirements and expectations of a member. PARKING+PLUS shall not be liable for any damage that has resulted from the use or inability to use web applications, mobile applications and hardware devices available, including any damage:

caused by malware, viruses, or any incorrect or incomplete information, unless such damages are the result of intentional misconduct or gross negligence of PARKING+PLUS; and/or

resulting from failure or delay to deliver electronic communications by third parties or by computer programs used for electronic communications or as a result of transmission of computer viruses.

PARKING+PLUS IS HEREBY RELEASED FROM ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TRADING, TITLE, OR NON-CONFORMITY FOR A SPECIFIC PURPOSE.